Limitation act
Anonymous
(Querist) 07 January 2016
This query is : Resolved
I am auction purchaser of property X from bank and in 1998 i got confirmation of sale and got sale certificatein my favour
But in 2010 one person comes for recovery of 2.5 lakh from me because in 1991 he has given that money to the owner of property X under mortgage
Now my query is after becoming absolute owner after confirmation of sale wheather i have libility to pay that amount?and wheather general law of limitation i.e 3 years apply to me?
The story comes like that:
1981-propertyX mortaged to bank but not given in Revenue record as the agricuture banks have their own rules
1991-Property X mortgaged to B via 2.5 lakhs
and B got his name in Revenue record upto 1995
1995-Auction proceedings started by bank for non payment
1998-My role comes and i got the Property X and possesion as well through sale certificate
Now B want me to pay that 2.5 lakh in 2010 after 11years and 10 months
What plea i should take in high court as on limitation both lower courts are against me?
One more thing Me,B and owner of property X belong to same village and auction was done in my village in 1998
P. Venu
(Expert) 08 January 2016
You have no liability. Let him approach the Court. But he can approach the Civil Court, not the High Court.
Anonymous
(Querist) 08 January 2016
sir he has judgement in his favour from both courts as my lawyer has only argued on limitation now i have to go to high court the lower court has directed me and owner of property X to pay
under what provision i have no liability or is their any judgement of SC related to this?
Rajendra K Goyal
(Expert) 08 January 2016
When the decisions were given by respective courts.
If time left, file appeal in the High court.
Discuss with your lawyer.
Dr J C Vashista
(Expert) 09 January 2016
Nothing can be opioned and advised without going through the judgments, show it to "some" other local prudent lawyer for proper analysis and guidance.
K.S.Srinivas
(Expert) 11 January 2016
Consult lawyer who is practicing in high court of your state along all the papers.
